Maverick County Attorney to file Motion for Court Hearing with State Judge to clarify County Commissioner appointments
By: Jose G. Landa
An Exclusive Eagle Pass Business Journal News Story/Copyright 2013
Maverick County Attorney Ricardo Ramos announced that he is going to file a motion for clarification and court hearing with visiting State District Judge Dick Alcala in the pending State of Texas versus Maverick County Commissioners Eliaz Maldonado and Rodolfo “Rudy” Heredia petition for removal case in the 293rd Judicial District Court of Maverick County, Texas regarding the recent appointment by Maverick County Judge David Saucedo of local businessman Jerry Morales as County Commissioner of Precinct 1 on March 4, 2013 upon temporarily suspended County Commissioner Eliaz Maldonado’s resignation on March 1st, conflicting with Judge Alcala’s appointment of local businessman Javier Libson as Interim County Commissioner of Precinct 1 on February 11th.
County Judge Saucedo noted state law gives him the authority to appoint a successor County Commissioner upon the resignation of a Commissioner or the creation of a vacancy.
This conflict needs to be resolved as to whether State Judge Alcala has jurisdiction of appointing interim county commissioners pursuant to the State of Texas removal petition filed on December 28, 2012 and his exercise of judicial powers by issuing his February 11th Order appointing Javier Libson as interim Precinct 1 County Commissioner “until further order of this Court or the appointment expires by operation of the law.”
The same issue applies to Judge Alcala’s appointment of local journalist Daniela Flores-Aleman as interim County Commissioner of Precinct 2 in lieu of temporarily suspended Commissioner Rudy Heredia should he formally resign in the near future.
Maverick County citizens had welcomed and applauded District Judge Alcala’s temporary suspensions of Commissioners Maldonado and Heredia and appointment of interim County Commissioners Libson and Aleman.
Former Commissioner Maldonado failed to file an answer to the State’s petition of removal while Commissioner Heredia filed his answer late on February 26th while Judge Alcala ruled on February 11th.
